Legal aspects

Legal analysis of the application of the Basel Convention to hazardous wastes and other wastes generated on board ships

Work on a legal analysis of the application of the Basel Convention to hazardous wastes and other wastes generated on board ships took place between the seventh session of the OEWG and the eleventh meeting of the Conference of the Parties.

During the seventh session of the OEWG, Parties adopted decision OEWG-VII/13 whereby they requested the Secretariat to develop a legal analysis of the application of the Basel Convention to hazardous and other wastes generated on board ships. As requested, the Secretariat prepared a legal analysis, and comments were received by several Parties. Prior to the tenth meeting of the Conference of the Parties, a revised legal analysis was prepared by the Secretariat. During that meeting, Parties adopted decision BC-10/16 whereby they requested the preparation, by 30 April 2012, of a revised version of the legal analysis taking into account comments received from Parties and others

The issue of wastes generated on board ships was considered during the eighth meeting the OEWG at what time Parties considered the 30 April 2012 version of the legal analysis of the application of the Basel Convention to such wastes. By decision OEWG-VIII/9 on Cooperation between the Basel Convention and the International Maritime Organization, the OEWG invite Parties and others to review the analysis further and to send comments to the Secretariat by 1 December 2012. Comments received on the April 2012 version of the legal analysis are set out in the table below. The Secretariat was also requested to prepare a revised version of the legal analysis for consideration by the Conference of the Parties at its eleventh meeting.

The Conference of the Parties at its eleventh meeting, in its decision BC-11/17, took note of the revised legal analysis and its conclusions. No further work was requested on this particular matter.